Direct Right of Appeal of Demolition Order Upheld

The Georgia Court of Appeals recently upheld a property owner’s direct right to appeal a municipal court’s demolition order to superior court.

Keep reading for GZB’s summary of Yasmine’s Entertainment Hall v. City of Marietta, Court of Appeals of Georgia, Case No. A08A0387, decided June 3, 2008.

The City of Marietta filed a request for the demolition of Yasmine’s Entertainment Hall under its local ordinance and Georgia code with its municipal court.  Following a hearing, the municipal court entered a demolition order.

Yasmine’s Entertainment Hall filed with the Cobb County Superior Court an appeal from the demolition order.  The trial court dismissed the appeal concluding that the property owner did not possess a direct right of appeal, but instead could only appeal by a writ of certiorari.

On appeal, the Georgia Court of Appeals held that Marietta did not have an ordinance providing for appeals from its municipal court and therefore O.C.G.A. 41-2-9(d) applied, which provides:  “Where the abatement action does not commence in the superior court, review of a court order requiring the repair, alteration, improvement, or demolition of a dwelling, building, or structure shall be by direct appeal to the superior court under Code Section 5-3-29.”

Yasmine’s Entertainment Hall v. City of Marietta, Court of Appeals of Georgia, Case No. A08A0387, decided June 3, 2008.

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